Delhi Police Report still misty in the ‘Dharam Sansad’ hate speech case
The background of the case is that the supreme court during the contempt of court proceeding which was against the Delhi police was informed by the Delhi police that the report was not yet ready as voice samples from the forensic laboratory are not ready, thereby delaying the report.
A ’Dharm Sansad’ or a religious parliament was organized in Haridwar from 17th-19th December 2021. It was alleged that the people present at the event were instigated for violence.
The bench comprising Chief Justice DY Chandrachud and Justices PS Narasimha and JB Pardiwala sought a copy of the report as it was listed for hearing in April. The plea was filed by the social activist and the great-grandson of Mahatma Gandhi, Tushar Gandhi against the former chief of the Delhi Police, Rakesh Asthana, where it was alleged that even after the order of the supreme court that was passed in December 2021, the controversial Dharam Sansad was allowed to take place.
After that, last year in October, the supreme court while it was hearing a plea for hate speech which was filed against the same Dharam Sansad, had ordered the police of Delhi Uttar Pradesh, and Uttarakhand to take the Suo moto actions in the matters of the hate speech, without taking into consideration the religion of the person.
After that, in January the bench regarding the same case had directed the investigation officer to apprise the court about the arrests that have been made and the progress that has taken place in the investigation, by submitting a status report to the court.
During this, the Supreme court came to know that the F.I.R. in the matter was itself filed, 5 months after the incident took place. When the last hearing took place the Delhi police had also informed the court that the status report was almost ready and will be submitted soon to the court.
As per the 267th Law commision report, a hate speech is considered as any kind of incitement made against a particular group of persons, depending upon their race, case , creed, gender or religion.
Additional Solicitor General K.M Nataraj appeared for the Delhi Police.
Advocate Shadan Farasat represented Tushar Gandhi.
Case Title :- Tushar Gandhi v. Rakesh Asthana and Anr
Relevant Provisions:- Section 153A, 153B and 295A of the Indian Penal Code.
